背书条款34条海运提单范本模板案例 TERMS AND CONDITIONS
发布时间： 2020-03-11 21:09:02
1. (a) Except as otherwise provided herein this Bill of Lading shall have effect subject to the provisions of the Carriage of Goods by Sea Act of the United States of America approved April 16, 1936 which shall be deemed to be incorporated herein, and nothing herein contained shall be deemed a surrender by the Carrier of any of its rights or immunities or an increase of any of its responsibilities or liabilities under said Act. The provisions stated in said Act(except as otherwise specifically provided herein) shall govern before loading on and after discharge from the vessel and throughout the entire time the Goods are in the custody of the Carrier. If this Bill of Lading is issued or delivered in a locality where there is in force a compulsorily applicable Carriage of Goods by Sea Act. Ordinance or Statute of a nature similar to the International Convention for the Unification of Certain Rules Relating to Bills of Lading dated at Brussels. August 25, 1924 it shall be subject to the provisions of said Act Ordinance or Statute and rules thereto annexed.
(b) The Carrier shall be entitled to the full benefit of and right to all limitations of or exceptions from liability authorized by any provisions of Sections 4281 to 4288 inclusive of the Revised Statutes of the United States and amendments thereto and of any other provisions of the laws of the United States or of anyother country whose laws shall apply.
2. In this Bill of Lading
(a) "Carrier" means WORLD LOGISTICS SERVICES Co., LTD. (SHANGHAI)
(b) "Vessel" means and includes the ocean vessel on which the Goods are shipped named on the face hereof or any substitute vessel also any load or ship, ferry barge lighter or any other watercraft used by the Carrier in the performance of this contract.
(c) "Merchant" means and includes the shipper the consignee the receiver, the holder of this bill of lading, the owner of the Goods or person entitled to the possession of the Goods and the servants or agents of any of these.
(d) "Charges" means and includes freight and all expenses and money obligations incurred and payable by the Merchant.
(e) "Goods" means and includes the cargo received from the shipper and described on the face side hereof and any Container not supplied by or on behalf of the Carrier.
(f) "Container" means and includes any container, van, trailer, transportable tank, flat pallet or any similar article of transport.
(g) "Person" means and includes an individual corporation partnership or other entity as the case may be.
(h) "Participating Carrier" means and shall include any other water, land, or air carrier performing any stage of the Combined Transport.
3. It is understood and agreed that other than the said Carrier no person whatsoever (including the Master, officers and crew of the vessel, all servants, agents, employees, representatives and all stevedores terminal operators, crane operators, watchmen, carpenters, ship cleaners, surveyors and other independent contractors whatsoever) is or shall be deemed to be liable with respect to the goods as carrier, bailee or otherwise howsoever in contract or in tort if, however, it should be adjudged that any other than said carrier is under any responsibility with respect to the Goods, all limitations of the exoneration's from liability provided by law or by the terms hereof shall be available to such other persons as herein described in contracting for the foregoing exemptions, limitations and exoneration's from liability, the Carrier is acting as agent and trustee for and on behalf of all persons described above, all of whom shall to this extent be deemed to be a party to this contract evidenced by this Bill of Lading it being always understood that the said beneficiaries are not entitled to any greater or further exemptions, limitations or exonerations from liability than those that the Carrier has under this Bill of Lading in any given situation.
4. Subject to all rights, privileges and limitations of and exonerations from liability granted to the ocean carrier under this Bill of Lading, or by law any liability by the respective participating carriers for loss or damage to the Goods or packages carried hereunder shall be governed by the following:
(a) If loss or damage occurs while the goods or packages are in the custody of the ocean carrier, only the ocean carrier shall be responsible therefor, and any liability of the ocean carrier shall be determined by the terms and conditions of this Bill of Lading and any law compulsorily applicable
(b) If loss or damage occurs while the Goods or packages are in the custody of a participating domestic or foreign Carrier, only the participating domestic or foreign Carrier(s) shall be responsible therefor, and any liability of such participating domestic or foreign Carrier(s) shall be determined, in respective order by the terms, conditions and provisions of the applicable participating domestic or foreign Carrier's Bill(s) of Lading, whether issued or not tariff (s) and law compulsorily applicable in the circumstances.
(c) Notwithstanding subdivision (a) and (b) hereof, it is contemplated that the Goods or packages will from time to time be carried in through transportation that will include inland transportation within the United States by railroad and sea carriage by one or more of the other Carriers above defined (When used on or endorsed on this Bill of Lading the words "on board" shall mean and include on board the original carrying vessel when the Goods or packages are being transported from a foreign port or place to the continental United States, but when the Goods or packages are being transported from the continental United States to a foreign port or place, on board shall mean and include on board a rail car operated by the originating carrier and en route by rail to the port of loading for loading on board the Carrier's or participating Carrier's vessel).
(d) If loss or damage occurs after receipt of the Goods or packages hereunder, and it cannot be determined from the records of the ocean Carrier or participating domestic or foreign Carrier(s) whether such damage or loss occurred during ocean domestic or foreign carriage, it shall be conclusively presumed that the loss or damage occurred on board the vessel and while the Goods or packages were in the custody of the ocean Carrier.
(e) At all times when the Goods or packages are in the custody of the above-mentioned participating domestic or foreign Carriers such Carriers shall be entitled to all the rights, defenses, exceptions from or limitations of liability and immunities of whatsoever nature referred to or incorporated herein applicable or granted to the Carrier as herein defined to the full extent permitted to such domestic and foreign Carriers under this Bill(s) of Lading, tariff and any other laws applicable or relating thereto provided however that nothing contained in this Bill of Lading shall be deemed a surrender by these domestic or foreign Carriers of any of their rights and immunities or an increase of any of their limitations of and exoneration's from liability under their said Bill(s) of Lading, tariffs or laws applicable relating to said carriage.
(f) In making any arrangements for transportation by participating domestic or foreign Carriers of the Goods or packages carried hereunder either before or after ocean carriage, it is understood and agreed that the ocean Carrier acts solely as agent of the Merchant, without any other responsibility whatsoever, and it assumes no responsibility as Carrier for such domestic or foreign transportation.
(g) Notice of loss or damage and claim against the ocean Carrier where applicable, shall be given to the ocean Carrier and suit commenced as provided for in Clauses 30 and 31 hereof. Notice of loss or damage against the participating domestic or foreign Carrier(s), where applicable, shall be filed with the participating domestic or foreign Carrier(s) and suit commenced as provided for in the terms, conditions and provisions of said Carrier(s) Bill (s) of Lading or by law applicable thereto it is understood by ten Merchant that such terms conditions and provisions as they pertain to notice of, and claim for, loss or damage and commencement of suit contain different requirements than those requirements pertaining to ocean Carriage as contained in Clauses 30 and 31 hereof.
5. The goods carried hereunder are subject to all the Terms and provisions of the Carriers applicable Tariff or Tariffs on file with the Federal Maritime Commission. Interstate Commerce Commission or any other regulatory body which governs a particular portion of this carriage, and the terms and provisions of the said Tariff or Tariffs are hereby incorporated herein as part of the Terms and Conditions of this Bill of Lading. Copies of the relevant provisions of the applicable Tariff or Tariffs are obtainable from the Carrier Federal! Maritime Commission. Interstate Commerce Commission or other regulatory body upon request. In the event to any conflict between the terms and provisions of such Tariff or Tariffs and the Terms and Conditions of this Bill of Lading, this Bill of Lading shall prevail.